When did the parties break up? How the election symbol and name is decided on the breakdown of political parties, read everything

election Commission (Election Commission of India) Lok Janshakti Party (LJP) has frozen the ‘Bungalow’ election symbol, so that no faction of Pashupati Paras and Chirag Paspan can use it. The late Ram Vilas Paswan’s son Chirag Paswan and Ram Vilas Paswan’s brother Pashupati Paswan are staking claims for the party’s symbol and party names in the by-polls to Kusheshwar Asthan and Tarapur seats on October 30. The commission has said that neither of the two groups will be allowed to use the name of the party ‘Lok Janshakti Party’. They will be known by such names as they choose. They may also be allotted different election symbols.

The LJP was split into two in June this year. Five of the party’s six MPs, Paras (Hajipur), Chaudhary Mehboob Ali Kaiser (Khagaria), Veena Devi (Vaishali), Prince Raj (Samastipur) and Chandan Singh (Nawada) moved in a group. In the last few years, cases of separation of two other parties have come to the fore. The year 2017 saw the division of parties and battle of symbols in relation to Samajwadi Party (Cycle) and AIADMK (two cards). In such a situation, it needs to be understood here that after the breakdown of a party, the election symbol is given to the factions. The election symbol and the name of the party are also important because both of them are related to the originality of the party.

What does the 1968 rule say

According to Para 15 of the Symbols Order 1968 for the Partition of the Party outside the Legislature, the Election Commission decides the symbol and the name of the party on the basis of its satisfaction. It gives the status of the separated factions, their strength, keeping in mind the numbers of MLAs and MPs. During this, the commission can take a decision keeping in mind all the available evidence. He can decide not to give the old symbol to any one group or either of them. The decision of the commission is binding on all classes and groups. This rule applies only to those national or state parties that are recognized. On the other hand, in respect of registered and unrecognized parties, the commission can resolve the matter internally and recommend to the court for settlement of disputes.

Election Commission used to do this before 1968

Before the year 1968, a high profile partition of a party was seen. Before 1968, the Election Commission used to issue executive orders and notifications under the 1961 rule. The high profile split that was seen in 1964 was that of the CPI. One of its groups approached the Election Commission in 1964 and requested to recognize the new group as CPI (Marxist). He also gave a list of MPs and MLAs from Andhra Pradesh, Kerala and West Bengal who supported him. The Election Commission recognized this faction as the CPI(M), after the commission found that votes supporting the split group were more than 4 per cent in three states.

Such was the decision to split the Congress

At the same time, the split of the Indian National Congress came to the fore in the year 1969. Indira Gandhi’s tensions with a faction within the party came to the fore on 3 May 1969, when news of the death of the then President Dr. Zakir Hussain came to the fore. The old Congress was formed under the leadership of K Kamaraj, Neelam Sanjiva Reddy, S Nijalingappa and Atulya Ghosh. . Indira, who was the prime minister, encouraged Vice President VV Giri to contest the election as an independent and called for self-conscience to vote, defying the whip issued by party president Nijalingappa. Indira was expelled from the Congress after Giri won. The “old” Congress (O) led by Nijalingappa split into the “new” Congress (J) led by Indira. The “old” Congress retained a pair of yawning bullocks as the party symbol, while the disbanded faction was given the symbol of a cow with a calf.

What is the way other than majority?

In almost all disputes settled by the Election Commission so far, a clear majority of party representatives/officers, MPs and MLAs have supported one faction. Whilst the Election Commission could not test the strength of rival groups on the basis of support within the party organization (due to controversies about the list of office bearers), it withdrew from examining only the majority among elected MPs and MLAs.

single unique case

Only in the case of the split in the AIADMK in 1987, which happened after the death of MG Ramachandran, did the Election Commission face a peculiar situation. The group, led by MGR’s wife Janaki, had the support of a majority of MPs and MLAs, while J Jayalalithaa had the support of a substantial majority in the party organisation. Before the Election Commission was forced to decide which group should retain the party’s symbol, an agreement was reached.

What about the group that didn’t get the original mark

In the case of the first Congress split, the Election Commission recognized both the Congress groups. This principle was followed until 1997. However, things changed when the commission dealt with the divisions in Congress, Janata Dal, etc. The dispute led to the formation of Himachal Vikas Congress of Sukh Ram and Anil Sharma, Manipur Congress of Nipmacha Singh. Till the same time when Trinamool Congress separated from Congress, similar decisions were given in relation to Lalu Prasad’s RJD, Naveen Patnaik’s Biju Janata Dal.

Here is the new rule of 1997

In 1997, the Election Commission did not recognize the new parties as state or national parties. He felt that merely having an MP and an MLA was not enough, as the elected representatives contested and won the elections on the tickets of their parent (undivided) parties. The Election Commission introduced a new rule under which separate party groups – other than the group bearing the party symbol – had to register themselves as a separate party. After registration, it could claim national or state party status only on the basis of its performance in state or central elections.

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